Punjab-Haryana High Court
Resham Singh And Others vs State Of Punjab on 7 October, 2010
Author: Jora Singh
Bench: Jora Singh
CRA-S-1842-SB of 2002 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRA-S-1842-SB of 2002
Date of decision: 7.10.2010
Resham Singh and others
........ Appellants
Versus
State of Punjab
........ Respondent
CORAM: HON'BLE MR.JUSTICE JORA SINGH
PRESENT: Mr. S.C. Chhabra, Advocate for the appellants.
Mr. Arshvinder Singh, Deputy Advocate General, Punjab.
JORA SINGH, J.
Resham Singh, Mohan Singh, Lalu, Mohinder Singh and Dial Singh, have preferred this appeal to challenge the judgment of conviction and order of sentence dated 25.10.2002, passed by the learned Additional Sessions Judge, Ferozepur, in Sessions Case No. 25 of 9.2.1996, arising out of FIR No. 374 dated 11.12.1995, registered under Sections 148/450/326/323/149 of the Indian Penal Code at Police Station Sadar, Ferozepur.
By the said judgment, they were sentenced as under:
Name of the Offence Sentence Fine In default of convicts U/Sections payment of fine Resham Singh 148 IPC RI for six Rs.500/- To undergo RI months. for six months.
450 IPC RI for three Rs.1000/- To undergo RI
years. for one year.
326/149 IPC RI for two Rs.500/- To undergo RI
years. for six months.
326/149 IPC RI for two Rs.500/- To undergo RI
years. for six months.
323/149 IPC RI for three -- --
months.
CRA-S-1842-SB of 2002 -2-
Mohan Singh 148 IPC RI for six Rs.500/- To undergo RI
months. for six months.
450 IPC RI for three Rs.1000/- To undergo RI
years. for one year.
326 IPC RI for three Rs.1000/- To undergo RI
years. for one year.
326/149 IPC RI for two Rs.500/- To undergo RI
years. for six months.
323/149 IPC RI for three -- --
months.
Lalu 148 IPC RI for six Rs.500/- To undergo RI
months. for six months
450 IPC RI for three Rs.1000/- To undergo RI
years. for one year.
326 IPC RI for three Rs.1000/- To undergo RI
years. for one year.
326/149 IPC RI for two Rs.500/- To undergo RI
years. for six months.
323/149 IPC RI for three -- --
months.
Dial Singh 148 IPC RI for six Rs.500/- To undergo RI
months. for six months
450 IPC RI for three Rs.1000/- To undergo RI
years. for one year.
326/149 IPC RI for three Rs.1000/- To undergo RI years. for one year.
326/149 IPC RI for two Rs.500/- To undergo RI years. for six months.
323/149 IPC RI for three -- -- months. Mohinder 148 IPC RI for six Rs.500/- To undergo RI Singh months. for six months 450 IPC RI for three Rs.1000/- To undergo RI years. for one year. 326/149 IPC RI for two Rs.500/- To undergo RI years. for six months. 326/149 IPC RI for two Rs.500/- To undergo RI years. for six months. 323/149 IPC RI for six -- -- months.
All the substantive sentences were ordered to run concurrently.
Co-accused Jagtar Singh was acquitted of the charge levelled against him.
CRA-S-1842-SB of 2002 -3-
No appeal by the State against acquittal.
Prosecution story, in brief, is that Joginder Singh- complainant on 9.12.1995, alongwith Puran Singh and Phuman Singh, had gone to the house of his sister Ishran Bai, who was married with Dial Singh. At about 9.00 p.m. they were talking with Dial Singh, then sighted Resham Singh armed with Takua, Mohan armed with Gandasi, Mohinder Singh armed with Dang, Lalu armed with Kirpan, Dial Singh armed with Gandasi, Kehar Singh armed with Dang, Balvir armed with Gandasi and Jagtar Singh empty handed. Kehar Singh, raised a Lalkara that complainant be taught a lesson for teasing their girl. Resham Singh armed with Takua gave blow from its reverse side on the head of the complainant. Mohan Singh gave a Gandasi blow which hit the back of left hand of Puran Singh. Lalu gave a Kirpan blow which hit left hand of Phuman Singh. Mohinder Singh and Kehar Singh also gave dang blows which hit Joginder Singh on his left hand and on his face and also on the left hand of Phuman Singh. Raula was raised. Then accused had fled away from the spot with their respective weapons. Injured were shifted to Civil Hospital, Ferozepur. Intimation was given to the concerned police station. On receipt of information ASI Banta Singh had gone to Civil Hospital, Ferozepur. Copies of the MLRs were collected. Application was moved requesting the doctor to opine as to whether injured are fit to make statements or not. Injured were declared unfit to make statements.
On 11.12.1995, again ASI Banta Singh, moved an application requesting the doctor to opine as to whether injured are fit to make statements or not. Joginder Singh was declared fit to make statement then statement of Jodginder Singh, Ex. P-20 was recorded. CRA-S-1842-SB of 2002 -4- After making endorsement Ex. P-23, statement was sent to the police station, on the basis of which formal FIR Ex. P-24 was recorded. Statements of other two injured were also recorded in the hospital.
ASI Banta Singh, alongwith the police party had gone to the place of occurrence and after inspecting the same, rough site plan with correct marginal notes was prepared. Blood stained earth was lifted from the spot and was made into a sealed parcel, sealed with seal bearing impressions 'BS'. Sealed parcel was taken into police possession vide memo attested by the witnesses. Accused were arrested. After completion of investigation challan was presented in the Court.
Accused were charge-sheeted under Sections 148/452/450/326/323 read with Section 149 of the Indian Penal Code, to which they pleaded not guilty and claimed trial.
In order to substantiate its case, prosecution examined 7 witnesses.
PW-1 Dr. Manmohan Singh Dhillon, stated that on 9.12.1995 at 10.40 p.m., he had medico-legally examined Joginder Singh S/o Makhan Singh and found following injuries on his person:
1. Lacerated wound 8 cm x 0.75 cm on the right fronto parietal region. 11 cm above the right pinna and 6.5 cm above the right eyebrow, placed in the sagital plane. Wound was bone deep. Fresh bleeding was present. X-ray was advised.
2. Diffuse swelling 7 cm x 5 cm of the cheek extending to zygomatic region with overlying CRA-S-1842-SB of 2002 -5- abrasion 1.25 cm x 1 cm fresh ooze was present. Local tenderness was present. X-ray was advised.
3. Diffuse swelling on the whole of the distal phalanx of the right middle finger subungal haematoma was present. Local tenderness was present. X-ray was advised.
On the same day, he had also medico-legally examined Phuman Singh, at 10.50 p.m. and found following injuries on his person:
1. Incised wound 9 cm x 2.5 cm on the dorsomedial aspect of the left hand with flap of skin raised on the lateral side. The extensordigitiminii tendon cut and proxmal fragment drawn in. Wound was freshly bleeding. X-ray was adivsed.
2. Abrasion 2.5 cm x 0.5 cm on the dorsum of the left hand meeting the above injury on its distal part and on the dorsum of the neck of the fourth metacarpal obliquely placed. Fresh ooze was present.
4. Abrasion 1.5 cm x 0.5 cm on the middle of the left hand lateral to injury No.1. Fresh ooze was present. Local tenderness was present.
X-ray was advised.
5. Two abrasions each of the size of 2 cm x 1 cm and 1 cm x 0.75 cm on the dorsum of the proximal phalanx of left ring finger. Fresh ooze CRA-S-1842-SB of 2002 -6- was present.
6. Two abrasions of the sizes of 1 cm x 0.75 cm and 0.5 cm x 0.5 cm on the dorsum of the proxmial phalanx of the left middle finger.
Fresh ooze was present.
On the same day, he had also medico-legally examined Puran Singh, at 10.55 p.m. and found following injuries on his person:
Incised wound 7 cm x 2 cm on the dorsum of the right hand extending from the middle of the dorsum of the proximal phalanx of the right ring finder to the base of the third metacarpal bone, muscles were cut the capsule of the 4th metacarpal phalangeal joint of the right hand was cut in the dorsolateral aspect and joint was open. There was cut in the articular cartilage of the head of the 4th metacarpal bone dorsal intermetacarpal ligament was cut in between the 3rd and 4th metacarpal bone and intermetacarpal space was increased. Wound was bone deep in the phalanx and metacarpal region of the finger. Fresh bleeding was present.
On 10.12.1995 Joginder Singh S/o Kashmir Singh, was also medico-legally examined by Dr. Manmohan Singh Dhillon, PW-1 and following injuries were noticed on his person:
1. Lacerated wound 8 cm x 0.75 cm on the left parietal region. 9.5 cm above the left pinna and 11 cm on the left eyebrow. Wound was deep. Fresh bleeding was present. X-ray was CRA-S-1842-SB of 2002 -7- advised.
2. Lacerated wound 4 cm x 0.75 cm on the right parietal region 14 cm above the right pinna. 18 cm above the posterior hair line. Wound was deep. Fresh bleeding was present. X-ray was advised.
3. Abrasion 2 cm x 1 cm on the back of the left shoulder. Fresh ooze was present.
PW-2 Dr. Vikas Arora, had X-rayed the injuries on the persons of Joginder Singh S/o Makhan Singh and Phuman Singh S/o Lakhan Singh.
PW-3 HC Des Raj, was with the police party headed by ASI Banta Singh, the Investigating Officer.
PW-4 Joginder Singh S/o Makhan Singh, is the injured and had supported the prosecution story by saying that appellants had caused injuries to them.
PW-5 Phuman Singh and PW-6 Puran Singh, injured have also supported the version of Joginder Singh, injured, by saying the appellants had caused injuries to them.
PW-7 ASI Banta Singh, is the Investigating Officer. After close of the prosecution evidence, statements of accused under Section 313 Cr.P.C. were recorded. They denied all the allegations of the prosecution and pleaded to be innocent.
Defence version of the accused was that Surjit Singh and Puran Singh, caused injuries to Joginder Singh whereas Gurnaib Singh S/o Kashmir Singh and Joginder Singh caused injuries to Mohan Singh and in self-defence, they had caused injuries to the complainant party. CRA-S-1842-SB of 2002 -8-
After hearing learned Additional Public Prosecutor for the State, learned defence counsel and from the perusal of evidence available on file, appellants were convicted and sentenced by the trial Court as stated aforesaid.
I have heard learned counsel for the appellants, learned State counsel and carefully gone through the evidence available on the file.
After arguing for sometime, learned defence counsel for the appellants when failed to point out any infirmity or illegality in the impugned judgment then stated that judgment of the trial Court is not challenged on the point of conviction. Argued that occurrence is dated 9.12.1995. Appellants are the first offenders. After the present occurrence appellants have not committed any such act. Appellants remained in custody for about 37/38 days. Appellants are ready to compensate the injured. Requested to take lenient view.
Learned State counsel argued that appellants fully armed have caused injuries to Joginder Singh and others. Lenient view be not taken.
No doubt, learned defence counsel for the appellants has not challenged the impugned judgment on the point of conviction, but even then I want to scrutinize the evidence available on file, as to whether appellants had caused injuries to Joginder Singh and others.
Joginder Singh, Phuman Singh and Puran Singh, injured while appearing in Court then stated that on 9.12.1995, they are present in the house of Dial Singh. At about 9.00 p.m. while present in the courtyard of Dial Singh then sighted appellants fully armed. Lalkara was raised to teach a lesson to the complainant, for teasing their CRA-S-1842-SB of 2002 -9- daughter. After that injuries were caused to them by the appellants.
Dr. Manmohan Singh Dhillon, had medico-legally examined the injured and noticed number of injuries. Injuries on the person of Joginder Singh S/o Makhan Singh, were caused by blunt weapon. Three injuries were noticed on the person of Joginder Singh. 6 injuries were noticed on the person of Phuman Singh and one injury was noticed on the person of Puran Singh. No suggestion to the doctor that all the injuries were self-suffered or self-inflicted. Weapons of offence were recovered from the appellants. Appellants had motive to cause injuries because they were suspecting that complainant party had teased their daughter. Statements of the injured coupled with the statement of doctor shows that evidence on the file was righly scrutinized by the trial Court. Judgment of the trial Court on the point of conviction is upheld.
Occurrence is dated 9.12.1995. Appellants were the first offenders. Only one injury was found to be grievous in nature on the person of Phuman Singh.
In 2010 (1) RCR (Criminal) 929, "Neelam Bahal & Another Vs. State of Uttrakhand" conviction was under Sections 307 and 326 IPC. Incident was 23 yeas old. Accused was then aged 25 years old. Sentence was reduced to already undergone.
In the present case also Resham Singh was 34 years old, Mohan Singh and Lalu, were 30 years old, Mohinder Singh was 23 years old and Dial Singh was 33 years old. Appellants belong to poor family and are the first offenders. Ends of justice would be fully met if lenient view is taken. Appellants are directed to undergo imprisonment CRA-S-1842-SB of 2002 -10- already undergone. Appellants are further directed to deposit Rs.10,000/- each within two months before the trial Court, payable to the injured in equal shares as compensation.
For the reasons recorded above, appeal without merits is dismissed with modification on the point of sentence.
October 7, 2010 ( JORA SINGH ) rishu JUDGE